Tuesday, 3 Dec 2013

Written Answers Nos. 314-28

Personal Insolvency Act

Questions (314)

Willie Penrose

Question:

314. Deputy Willie Penrose asked the Minister for Justice and Equality when he proposes appropriate steps to amend the Garda disciplinary regulations to enable gardaí to avail of the Personal Insolvency Act 2012, which regulations have been in existence since 1923 and which, in their current format, prevent gardaí from accessing same, by deeming such access to be a disciplinary matter within the said regulations; and if he will make a statement on the matter. [51952/13]

Written answers

Minister for Justice and Equality

The Garda Síochána Discipline Regulations have been updated on a number of occasions since 1923 and most recently in 2007. There is nothing in these Regulations, the Garda Code, nor indeed in the Personal Insolvency Act 2012 which acts as a barrier to members of the Garda Síochána availing of debt resolution mechanisms contained in that Act.

Defence Forces Operations

Questions (315)

Seán Ó Fearghaíl

Question:

315. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of telecommunications or postal intercepts that he or his predecessors have authorised in each of the past five years on foot of a request from the Defence Forces; and if he will make a statement on the matter. [51702/13]

Written answers

Minister for Defence

The Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 sets out the conditions under which, in the interests of the security of the State, authorisation may be granted for interception by the Defence Forces of certain postal packages and telecommunications messages. The capabilities of the Defence Forces in this area are subject to the restrictions and safeguards that are outlined in the legislation. These include a system of judicial supervision, with reports submitted to the Taoiseach by a designated Judge appointed by the President of the High Court. These reports are then laid before each House of the Oireachtas. For security and operational reasons, it would not be appropriate for me to provide the details sought in the question.

Defence Forces Personnel Data

Questions (316)

Seán Ó Fearghaíl

Question:

316. Deputy Seán Ó Fearghaíl asked the Minister for Defence further to Parliamentary Question No. 162 of 20 November 2013, the date on which the Defence Forces commenced electronically recording the medical classification code of Defence Forces personnel; the number of members of the Defence Forces that have received an overseas medical since the introduction of electronic recording of the codes; the numbers that did not pass the overseas medical during that period; and if he will make a statement on the matter. [51741/13]

Written answers

Minister for Defence

It was not possible to provide the detailed information sought by the Deputy in the time available. My Department is currently seeking to compile the relevant data and I will provide the information directly to the Deputy once it comes to hand.

Public Sector Staff Redundancies

Questions (317)

Peter Mathews

Question:

317. Deputy Peter Mathews asked the Minister for Defence the reason retired Army officers can enter further employment once retired from the Army, but other civilians who take voluntary redundancy cannot enter employment in the public sector for two years after receiving redundancy packages, or work for contractors who are contracted to work for any public department or agency (details supplied); and if he will make a statement on the matter. [51761/13]

Written answers

Minister for Defence

Following the receipt of sanction from the Department of Public Expenditure and Reform (DPER), the Department recently introduced a voluntary redundancy scheme targeted towards civilian employees (State industrial grades) attached to military installations arising from the rationalisation of the brigade structure in the Defence Forces and the reduced requirement for particular grades/skills in the civilian workforce. The general terms of the voluntary redundancy scheme are as set out in the Collective Agreement: Redundancy Payments to Public Servants dated 28 June 2012 which was agreed between DPER and the Public Services Committee of ICTU. Employees who avail of the voluntary redundancy scheme are not eligible for re-employment in the public service by any public service body (as defined by the Financial Emergency Measures in the Public Interests Acts 2009 – 2013) for a period of 2 years from their date of departure. Thereafter, the consent of the Minister for Public Expenditure and Reform will be required prior to re-employment. These provisions also apply in the case of engagement/employment on a contract for service basis (either as a contractor or an employee of a contractor).

The instructions issued by DPER concerning redundancy payments to public servants do not apply in the case of army officers who avail of their normal superannuation entitlements. However, the pension paid to any retired army officer who is re-employed in the Public Service following the enactment of the Public Service Pensions (Single Scheme and other Provisions) Act 2012 may, in common with pension payments to all other retired public servants, be subject to abatement.

Agriculture Schemes Administration

Questions (318)

Éamon Ó Cuív

Question:

318. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his plans to change the condition in relation to fencing in order to qualify for the single farm payments and the disadvantaged area payment to exclude from the requirement to fence farmers who own open hillside that has never been fenced; where fencing requires planning permission which may not be granted; the reason for the differentiation between hill farmers who own their own land outright and farmers with undivided shares in land; and if he will make a statement on the matter. [51309/13]

Written answers

Minister for Agriculture, Food and the Marine

My Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas’ Scheme and other area related schemes, is required to carry out a comprehensive set of administrative and on the ground checks to ensure that all scheme requirements are fulfilled before any payment issues. As the Deputy is aware, in the case of exclusively owned land, a permanent fence will normally define the area to be measured. The fencing requirement is one of a number of measures provided for to deter fraudulent claims.

However, the situation may be different in the case of hill land. In such situations, if my Department is satisfied that as the lands in question continue to be actively farmed in the traditional manner by hill farmers in compliance with the requirements of the EU Regulations governing the Direct Payment Scheme, the issue does not arise.

Single Payment Scheme Payments

Questions (319)

Michael Healy-Rae

Question:

319. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding payments for 2012 in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [51316/13]

Written answers

Minister for Agriculture, Food and the Marine

In order to be eligible for payment under the Single Payment Scheme applicants must hold entitlements and are required to submit an annual application. No application was received in respect of the person named in 2012.

Disadvantaged Areas Scheme Payments

Questions (320)

Dan Neville

Question:

320. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine when disadvantaged area payment will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [51338/13]

Written answers

Minister for Agriculture, Food and the Marine

Following recent contact with the person named the position regarding the stocking density of his holding has been finalised, thereby allowing processing of his application under the 2013 Disadvantaged Area Scheme to be finalised. Payment will shortly issue directly to the nominated bank account of the person named.

Single Payment Scheme Payments

Questions (321)

Dara Calleary

Question:

321. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will have their outstanding 2013 payments processed; and if he will make a statement on the matter. [51340/13]

Written answers

Minister for Agriculture, Food and the Marine

An application under the Single Payment/Disadvantaged Areas Scheme was received from the person named on 29 April 2013. This application was processed with payment issuing in respect of the Disadvantaged Areas Scheme on 24 September. An advance payment issued in respect of the Single Payment Scheme on 12 November with the balancing payment issuing on 2 December.

Single Payment Scheme Appeals

Questions (322)

Brendan Griffin

Question:

322. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a review of a single farm payment penalty will be carried out in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [51343/13]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted an application under the 2013 Single Payment/Disadvantaged Area Schemes on 13th May 2013. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases, land eligibility inspections, be completed before any payments issue.

In order to meet the EU requirements, the application concerned was one of a number which was selected for inspection. The application was initially examined via remote sensing (Satellite Inspection). As over claims were determined on some parcels, these were sent for ground inspection. The ground inspection has now been carried out and the results have been finalised as an over claim of greater than 20%. Under the Terms and Conditions of the Single Payment Scheme this results in a nil payment in respect of 2013. The person named was notified of this decision on 7th November 2013 and has sought a review. That review is currently underway. The person named will be notified of the outcome of this review as soon as possible and in the event that the person named is dissatisfied with the outcome of this review, the decision can be appealed to the Independent Agriculture Appeals Office, within a period of 3 months.

Single Payment Scheme Payments

Questions (323)

Sean Conlan

Question:

323. Deputy Seán Conlan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Monaghan has not received their single farm payment; and if he will make a statement on the matter. [51351/13]

Written answers

Minister for Agriculture, Food and the Marine

During processing of the 2013 Single Payment Scheme application of the person named dual claim errors relating to three parcels were identified. My Department wrote to the person named who confirmed that she was not entitled to claim these parcels. My Department is currently reviewing the case and will contact the person named directly as soon as this review is completed.

Rural Environment Protection Scheme Payments

Questions (324)

Brian Walsh

Question:

324. Deputy Brian Walsh asked the Minister for Agriculture, Food and the Marine when grants in respect of a farmer (details supplied) in County Galway will be paid; and if he will make a statement on the matter. [51352/13]

Written answers

Minister for Agriculture, Food and the Marine

The person named commenced REPS 4 in June 2008 and received payments for the first five years of their contract. REPS 4 is a measure under the Rural Development Programme, 2007-2013, and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before payments can issue. These administrative checks have now been completed and payments have commenced in respect of 2013. During the administrative check in this case an area discrepancy was discovered between the Single Farm application for 2013 and the REPS Agri-environmental Plan which has required further clarification. This issue is currently being investigated with the intention of an early resolution and payment will issue shortly in respect of 2013.

An application under the 2013 Single Payment Scheme was received from the person named on 8 May 2013. The processing of this application has been finalised and payment issued directly to the nominated bank account of the person named, the first instalment issuing on 16 October and the second instalment issuing on 2 December. Processing of the 2013 Disadvantaged Area Scheme application has recently been finalised and payment will issue shortly, to the nominated bank account of the person named.

Departmental Expenditure

Questions (325)

Terence Flanagan

Question:

325. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine the number of officials in his Department that are receiving the cost of club membership fees, including sports clubs and professional bodies, as part of their contract of employment; the total cost per year to his Department of paying these fees; and if he will make a statement on the matter. [51360/13]

Written answers

Minister for Agriculture, Food and the Marine

My Department pays no club membership fees to any member of staff. It does, however, pay registration fees to the Veterinary Council of Ireland (VCI) in respect of veterinary staff employed by my Department. Such staff must, in the context of their contracts of employment with my Department, be registered in the Veterinary Council of Ireland’s Register of Veterinary Practitioners and may not engage in private practice or be connected with any outside business which would interfere with the performance of official duties.

A total of €126,450 in respect of veterinary registration fees amounting to €450 per staff member was paid by my Department to the Veterinary Council of Ireland. My Department also pays professional membership fees to other professional bodies in respect of a number of professional grades in my Department, where such membership provides access to documentation or training relevant to the profession. A sum of €3,364 has been paid on foot of these memberships this year to date.

Departmental Expenditure

Questions (326)

Terence Flanagan

Question:

326. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if his Department is paying for any of its employees to receive third-level qualifications; if so, the annual cost for each of the past five years; if the employee will receive a financial bonus as a result of receiving this qualification; and if he will make a statement on the matter. [51374/13]

Written answers

Minister for Agriculture, Food and the Marine

Staff in my Department may apply to participate in the Civil Service wide Refund of Academic Fees Scheme and are funded provided the course they are undertaking is relevant to their role. In certain circumstances, where a critical knowledge gap has been identified, staff members may also be requested to pursue a third level qualification funded by my Department. Staff do not receive any financial bonus as a result of attaining qualifications under this scheme. The cost of the scheme over the past 5 years is as follows.

Year	€
2012	€309,265
2011	€262,969
2010	€193,315
2009	€268,659
2008	€237,380

Single Payment Scheme Payments

Questions (327)

Sean Conlan

Question:

327. Deputy Seán Conlan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Monaghan has not received their single farm payment. [51405/13]

Written answers

Minister for Agriculture, Food and the Marine

As no Single Payment entitlements are held by the person named, no payment is due.

Forestry Grants

Questions (328)

Joe Carey

Question:

328. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine if he will expedite the payment due on an annual premium in respect of a forestry contract (details supplied); and if he will make a statement on the matter. [51409/13]

Written answers

Minister for Agriculture, Food and the Marine

The Department was recently notified that this applicant has been deceased since 7th September 2013. Therefore, no further payments can issue on the deceased’s afforestation contracts until appropriate instructions have been received by the Department from the Personal Representatives of the deceased’s estate. The Department has already supplied information to these Personal Representatives about the relevant procedures relating to the applicant’s contracts.